Gang member guilty in killing of DePaul honors student

September 29, 2010

Berly Valladares didn't have to pull the trigger to be convicted of murder.

A Cook County jury today found Valladares guilty of murder after he provided a fellow gang member with the loaded gun that ended the life of DePaul University honors student Francisco "Frankie" Valencia Jr.

He also was convicted of aggravated battery for wounding a second victim.

"Because of Berly Valladares, instead of a college ID number, Frankie now has a morgue ID number," Assistant State's Attorney Mark Shlifka said today in closing arguments.

Prosecutors alleged Valladares supplied the TEC-9 to Narcisco Gatica after he became upset at being asked to leave a Halloween party last year. He returned with the gun and opened fire.

Taking the stand Tuesday in his own defense, Valladares, 22, admitted he loaded the gun with eight bullets and handed it over to Gatica after he had come to him for a weapon.

But Valladares contended he shouldn't be held accountable for the murder because he didn't know what Gatica planned to do with the gun. Gatica will be tried at a later date.

The gun could have been used for gang retaliation, to scare someone or as part of a hit, Valladares said, but he emphasized he simply didn't know what Gatica intended.

After handing over the gun, Valladares said he accompanied Gatica and others, thinking they were going to meet two women.

But prosecutors scoffed at the claim, pointing out even Valladares acknowledged he was wearing a bandana and a hoodie at the time.

"For him to suggest that he had no idea is insulting and offensive," said Shlifka, who held up the TEC-9 gun at times while questioning Valladares and delivering his closing argument.

Valladares, who said that he was pressured to join the Maniac Latin Disciples at 12 and admitted he remains a member, testified he played a subservient role in the gang. Among his tasks was to be the keeper of the gun.

"If I didn't give it to any of the gang members telling me they need a gun, I'd be held responsible...I'd be disciplined," Valladares said.

David Wiener, Valladares' attorney, argued the law does not allow a conviction based on a possibility. Valladares and Gatica did not plot the shooting together, he said.